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UP VAT Registration cannot be denied for mere wrong Input Tax Credit claim
Case Law Details
- Case Name
- Sevak Enterprises Vs Commissioner, Commercial Tax (Allahabad High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Allahabad High Court
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UP VAT Act Act does not contemplate that if claim of Input Tax Credit (I.T.C.) is reversed the registration of a dealer could be cancelled in addition to reversal of I.T.C. By virtue of proviso to Section 14 of the UP VAT Act, the assessee would only be liable to pay interest at a rate of 15% per annum.
Raising of an incorrect claim of I.T.C. is not one of the grounds contemplated under Section 17 (11) for cancellation of registration. Sub-Clause 9 which is pressed into service, enables the authorities to cancel registration for any other ‘sufficient cause’. The term ‘sufficient cause’...
